Legal Question in Securities Law in Colorado

Do I have a viable claim?

I have 4 Accounts with my Investment Advisor. 3 are Trust Accounts: Inherited IRA, Trust Exempt, and Trust Non-exempt. These 3 Accts have been with him since Sept 2006. The 4th acct is a personal account which has been with him for about 7 years.

My Advisor often mentioned to me that he would like to take over and manage my Trust Accounts. I told him that if he did, that I would like to set them up very conservatively, such as putting all into a Savings Account or CD�s. In Oct 2005 I sent him an email to this effect. He wrote back saying, �I have just been doing some planning along these lines with one of my other clients. I think this is a great idea��

When he got the Trust Accts in Sept. 2006. He invested in Stocks, Bonds, Preferred Stocks, Mutual Funds, Etc. Since then I have emailed him and sent several letters asking him about putting it all into savings or the �planning along these lines� but he has always skirted the issue, changed the subject or talked about another kind of �conservative� investment. The last time we met, in Nov.2008, I told him that I wish we had put it all in savings like I had been talking about. He said, �Well, it�s too late now.''

9/2006 acct totals $1,600,000.

now $836,000.


Asked on 1/18/09, 12:44 pm

1 Answer from Attorneys

Robert Murillo Pivotal Legal Ltd.

Re: Do I have a viable claim?

Sorry about the losses. I think you may have a viable claim for the investment losses based on his failure to follow your directions.

An attorney will need to review the emails and your current agreements with the advisor. Feel free to email if you have questions.

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Answered on 1/18/09, 3:49 pm


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